Lancashire and Cheshire Association of Baptist Churches Inc v Howard & Seddon Partnership
Lancashire and Cheshire Association of Baptist Churches Inc v Howard & Seddon Partnership
- 1993
- All England Law Reports (1993) 3 All ER 467-481(8) .
QBD 5 March 1993. L entered a contractual relationship with architects (H) to design a sanctuary for their church. H were for all practical purposes the contractor with power of supervision. L was dissatisfied because of alleged defects in design in relation to ventilation and avoidance of condensation. L issued a writ claiming damages for breach of contract and negligence. H claimed that where there was a contract between the parties, or at least a contract for professional services, there could not, as a matter of law, be a duty of tort. Held, that there could be a duty of care actionable in the tort of negligence where the parties were in a contractual professional relationship. When H had submitted designs these were to help L consider the accommodation and appearance of the building not to detail its technical adequacy. In the absence of actual damage to the person or the property, any loss sustained by L as owners of the building was purely economic and H owed no duty of care t
DESIGN LIABILITY
DUTY OF CARE
DUTY OF TORT
QBD 5 March 1993. L entered a contractual relationship with architects (H) to design a sanctuary for their church. H were for all practical purposes the contractor with power of supervision. L was dissatisfied because of alleged defects in design in relation to ventilation and avoidance of condensation. L issued a writ claiming damages for breach of contract and negligence. H claimed that where there was a contract between the parties, or at least a contract for professional services, there could not, as a matter of law, be a duty of tort. Held, that there could be a duty of care actionable in the tort of negligence where the parties were in a contractual professional relationship. When H had submitted designs these were to help L consider the accommodation and appearance of the building not to detail its technical adequacy. In the absence of actual damage to the person or the property, any loss sustained by L as owners of the building was purely economic and H owed no duty of care t
DESIGN LIABILITY
DUTY OF CARE
DUTY OF TORT